Minnesota Kidnapping Laws and Penalties

Minnesota Kidnapping Laws and Penalties

Posted By
Brockton D. Hunter

When most people think of kidnapping, they picture terrifying cases like
that of Elizabeth Smart, in which a child disappears into the night, carried
off by an unknown stranger. In reality, most kidnapping cases are not
so horrifying, though they are legally complicated. Although it is true
that kidnapping at the hands of a stranger does happen, it’s more
often the case that when a couple is undergoing an acrimonious divorce,
one parent will abscond with the children against court orders, or before
an agreement can be reached.

If you have been charged with kidnapping another person in Minnesota, it
is important that you understand the laws and penalties of this crime.

According to
Minnesota state law, a person is guilty of kidnapping if they confine or move someone without
that person’s consent. A charge of kidnapping is also incurred if
the person moves a minor without the consent of the minor’s legal
guardian in order to:

• Hold the minor as a hostage, shield, or to extract ransom
• Prepare for any felony or escape in which having a minor will be useful
• Harm the person in any way
• Make the minor engage in involuntary servitude

In order for the crime to qualify as kidnapping, there is an additional
element that must be proven: intent to confine for the purpose of committing
an additional felony. If this cannot be proven, the crime is considered
abduction.

If the minor is released without injury, the person is subject to a fine
of up to $35,000, and/or up to 20 years in prison. If the minor is not
released in safe circumstances, or if the minor has suffered harm, the
person is subject to a fine of up to $50,000 and/or up to 40 years in prison.

If you are a parent who is afraid that the other parent may abscond with
your children, you have recourses. You can petition the court to issue
an emergency custody order, which may include an order that the other
parent may not take the children out of the state.